S.S. Sandhawalia, C.J.,

Whether the Bihar State Co-operative Marketing Union Ltd., a society registered under the Bihar and Orissa Co operative Societies Act. 1935 is, in essence, an instrumentality or agency of the State and, consequently, amenable to the writ jurisdiction is the meaningful threshold question in this writ petition.

2. The facts deserve notice only in so far they are relevant to the pristine issue aforesaid. The Bihar State Co operative Marketing Union, Ltd. Patna (hereinafter to be referred to as the 'Biscomaun') is an apex society which, on the petitioner's own showing is duly registered under the Bihar and Orissa Co operative Societies Act, (hereinafter to be referred to as the 'Act'). Harendrn Narain Banker, petitioner, entered the service of Biscomaun in the year 1965 and was promoted to the post of the Accountant in the year 1970. A first information report pertaining to defalcation to the tune of Rs.3.5 lacs or more was lodged on the 30ih of March, 1977 sted and admittedly the criminal case is proceeding to the court of a Judicial Magistrate. Patna. Departmental proceedings were initiated against the petitioner in which the Deputy Managing Director was